Utah or FL CCW and DUI

[teqmod]

I saw on the Utah site there is a 6 year non-eligibility for someone convicted of DUI. In Maryland most first timers for DUI get a PBJ in which they were never actually convicted. So does this mean someone with a DUI in MD would still be eligible for 6 years or does the PBJ count as a conviction and make a person ineligible? I see the FL requirements states you canot have 2 and saw something about 3 years in other forums but have not seen it anywhere official. Any information is appreciated.

 

[xdwaiter]

I'm in the same boat. I received a PBJ for my dui and I had no idea.

I thought about calling my lawyer and asking him but I haven't yet.
Best of luck ill be checking back to see if you found anything out.

 

[lx1x]

pbj is not a conviction.. just saying.

 

[teqmod]

pbj is not a conviction.. just saying.

that is what I thought however since it is somewhat unique to MD and it still shows up on your record when pulled other states may see it a little different. Might just roll the dice and see. FL shouldn't be an issue since it is over 4 years ago.

 

[xdwaiter]

Right but also a pbj is a type of plea bargain isn't it?

 

[Rhino]

You can always call the Utah BCI for their interpretation. My understanding is that the truth will set you free ..... getting caught in what they interpret as an attempt to hide info will not go over well.

I may have a friend who got a PBJ in '02 and did not list it on his application which was filed in November of last year, and he still received his CFL in less than a month. Granted that PBJ was over 10 years ago.

IANAL and YMMV.

 

[xdwaiter]

What type of background check does it show up on if its a pbj shouldn't it not be on your record.

 

[Rhino]

What type of background check does it show up on if its a pbj shouldn't it not be on your record.

Will it still show up as an arrest?

 

[lx1x]

You can always call the Utah BCI for their interpretation. My understanding is that the truth will set you free ..... getting caught in what they interpret as an attempt to hide info will not go over well.

I may have a friend who got a PBJ in '02 and did not list it on his application which was filed in November of last year, and he still received his CFL in less than a month. Granted that PBJ was over 10 years ago.

IANAL and YMMV.

best bet... each state is different on how they deal with pbj.

remember.. one of the delegates wanted to add this a prohibitor on purchasing a firearm. just cant remember which bill.

 

[teqmod]

remember.. one of the delegates wanted to add this a prohibitor on purchasing a firearm. just cant remember which bill.

I do remember that, there was actually some discussion of it while I was in teh hearing room. I think it had more to do with violent crimes and getting a PBJ but not 100% on that. I do remember that it was getting shut down pretty fast

 

[mcbruzdzinski]

The Utah Bureau of Criminal Identification uses a comprehenive approach to determining eligibility for a CFP. I would give them a call to see how they would interpret the PBJ for the DUI. From the course materials given to instructors:

"Some factors which may contribute to a denial are:
10 years – Any alcohol related traffic offense
7 years – Eligible Felonies
5 years – Class A Misdemeanor
3 years – All other offenses
30 days – Dismissals

This time period does not begin until all confinement and probation has been completed and fines are paid. "

 

[xdwaiter]

Florida isn't an issue if you only have one duo.

 

[usaf_joe]

When I was living in CT a few years ago I got a DUI there. I opted to take a 6 week alcohol course and at my next court date the judge dismissed the case. If I received another DUI, then the first would be bought back.

The Utah CFP Application states the following:
Have you ever been convicted of an offense involving the use of alcohol? (i.e. DUI/DWI, alcohol related reckless, unlawful use of alcohol, etc.)

My charges were dismissed, so I answered no and I received my permit promptly, with out issues. I don't know a whole lot about this PBJ sandwich you all are talking about, but imagine it might be similar.

IANAL

 

[Minuteman]

Call Utah BCI, I did. I called for a friend who had a different and even more minor issue. BCI listened to the story and said, no problem as long as your explanation matches the documentation. He assured that permit would be issued (and it was), and that had their investigation revealed the info had it not been declared, more than likely would have not issued permit for deception.

My friend actually feels exonerated/relieved after being cleared and trusted with a permit; putting that court issue in the past.

Bottom line, send it in and explain.

 

[Biggfoot44]

See above about calling BCI.

In general ,ban arrest is still on record. In general , during the actual time period , you are considered on Probation.

 

[ProShooter]

Call Utah BCI, I did. I called for a friend who had a different and even more minor issue. BCI listened to the story and said, no problem as long as your explanation matches the documentation.
My friend actually feels exonerated/relieved after being cleared and trusted with a permit; putting that court issue in the past.

Bottom line, send it in and explain.

That is what I tell my students too. Just be honest and list everything. Call BCI for clarification as to what they want you to list on the app.

 

[xdwaiter]

Should I call before I take the class. Im not familiar with the process and classes I was only 20 when it happened. Ill be 22 after my probation I put myself into treatment/classes and was finished before I even went to court. I just don't want a dumb night as a kid affect me for 10 more years

Anyway so should I just call bci with my questions lol

 

[ProShooter]

Should I call before I take the class.

Well, the class is still good info for a gun owner (if its taught correctly). You could really benefit from the info either way. I would suggest that if you are concerned, call out to Utah BCI before you take the class and ask to speak to one of the investigators. Explain exactly what your charge was, and when it happened and ask him if he thinks that it will be a stumbling block. The investigators are great to work with and they'll give you the straight poop.

Their number is 801-965-4445 and they work Monday through Thursday. Best of luck to you!

 

[xdwaiter]

Well, the class is still good info for a gun owner (if its taught correctly). You could really benefit from the info either way. I would suggest that if you are concerned, call out to Utah BCI before you take the class and ask to speak to one of the investigators. Explain exactly what your charge was, and when it happened and ask him if he thinks that it will be a stumbling block. The investigators are great to work with and they'll give you the straight poop.

Their number is 801-965-4445 and they work Monday through Thursday. Best of luck to you!

Thank you sir very
much appreciated

 

[ProShooter]

Thank you sir very
much appreciated

My pleasure!